Delhi

East Delhi

CC/227/2023

MD. SAKHAWAT MANSOORI - Complainant(s)

Versus

BSES RAJDHANI POWER LTD. - Opp.Party(s)

SANJEEV KUMAR, ADV

22 May 2023

ORDER

Case No.      :         227/2023

Date            :         22.05.2023

 

Present        :         None for Complainant

 

At this Stage

At 03:00 PM

 

Complainant was heard in the morning session and it was fixed for orders. 

Complainant claims that he is a Consumer within the definition of Section 2(D) of the provision of CPA-2019  and is an owner of shop having a commercial electrical meter which is closed since 01.02.2023 till 27.03.2023 but despite that Electric Meter is showing the reading in the Meter although the fact remains that shop was closed for a month.  Certain Bill was raised which was paid and again the OP has issued bill of Rs.12,990/- for the month of March, 2023.  It is stated that it amounts to deficiency in service by the OP and as such Notice be issued to OP.  Heard.   Admittedly, the service which are being taken by the Complainant from OP are for Commercial purpose and it is no where written that complainant is using this shop for earning his livelihood. 

As per The Section 2 of the Consumer Protection Act-2019, which defines consumer as follows:-

7) "consumer" means any person who-

(i) buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment, when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose, or.........

 

7) (ii) hires or avails of any service for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such service other than the person who hires or avails of the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person, but does not include a person who avails of such service for any commercial purpose.

 

Therefore, in the present case the complainant admittedly used the electricity for the commercial purpose and therefore he does not fall within the definition of ‘Consumer’ as he not a consumer as per the CPA-2019.  Accordingly, the complaint of the Complainant is rejected. 

 

File be consigned to Record Room.